Section 79 — Land Transfer Act 1952: Certificate void in certain cases

79 Certificate void in certain cases Any certificate of title issued upon the first bringing of land under this Act, whether upon application or by force of any statute or of the order of any Court, and every certificate of title issued in respect of the same land, or any part thereof, to any person claiming or deriving title under or through the first registered proprietor shall be void as against the title of any person adversely in actual occupation of and rightfully entitled to that land, or any part thereof, at the time when the land was so brought under this Act, and continuing in such occupation as aforesaid at the time of any subsequent certificate of title being issued in respect of the said land; but subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 every such certificate shall be as valid and effectual against the title of any other person as if that adverse occupation did not exist. Compare: 1915 No 35 s 72 Section 79 was amended, as from 23 October 1963, by section 22(c) Land Transfer Amendment Act 1963 by inserting the words “ subject to the provisions of Part 1 of the Land Transfer Amendment Act 1963 ” .